Amendment to Central Civil Services (Classification, Control and Appeal) Rules, 1965

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This notification introduces amendments to the Central Civil Services (Classification, Control and Appeal) Rules, 1965. The amendments clarify the roles and references to disciplinary and inquiring authorities, particularly when the disciplinary authority conducts the inquiry themselves or appoints a retired government servant as the inquiring authority. It also expands the definition of ‘Government servant’ to include individuals who have ceased to be in government service. These changes are effective from the date of their publication in the Official Gazette.

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MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(Department of Personnel and Training) NOTIFICATION

New Delhi, the 5th December, 2011
G.S.R. 877(E).-In exercise of the powers conferred by the proviso to article 309 and clause (5) of article 148 of the Constitution, and after consultation with the Comptroller and Auditor General of India in relation to persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rules further to amend the Central Civil Services (Classification, Control and Appeal) Rules, 1965, namely:-

  1. (1) These rules may be called the Central Civil Services (Classification, Control and Appeal) Amendment Rules, 2011.
    (2) They shall come into force on the date of their publication in the Official Gazette.
  2. In the Central Civil Services (Classification, Control and Appeal) Rules, 1965, in rule 14,-
    (a) in sub-rule (2) for the Explanation, the following Explanation shall be substituted, namely :-
    “Explanation.-(i) Where the disciplinary authority itself holds the inquiry, any reference in sub-rule (7) to sub-rule (20) and in sub-rule (22) to the inquiring authority shall be construed as a reference to the disciplinary authority.
    (ii) Where the disciplinary authority appoints a retired Government servant as inquiring authority,any reference in sub-rule (7) to sub-rule (20) and in sub-rule (22) shall include such authority”;
    (b) in sub-rule (5), after clause (c), the following Explanation shall be inserted, namely :-
    “Explanation.-For the purposes of this rule, the expression ‘Government servant’ includes a person who has ceased to be in Government service”.
    [F. No. 11012/2/2005-Estt. (A)]
    U. S. CHATTOPADHYAY, Under Secy.

Note: The principal rules were published in the Gazette of India vide notification number 7/2/63. Estt.(A), dated the 20th November, 1965 and subsequently amended vide notification numbers:-

  1. S.O. 1149, dated the 13th April, 1966;
  2. S.O. 1596, dated the 4th June, 1966;
  3. S.O. 2007, dated the 9th July, 1966;
  4. S.O. 2648, dated the 2nd September, 1966;
  5. S.O. 2854, dated the 1st October, 1966;
  6. S.O. 1282, dated the 15th April, 1967;
  7. S.O. 1457, dated the 29th April, 1967;
  8. S.O. 3253, dated the 16th September, 1967;
  9. S.O. 3530, dated the 7th October, 1967;
  10. S.O. 4151, dated the 25th November, 1967;
  11. S.O. 321, dated the 9th March, 1968;
  12. S.O. 1441, dated the 27th April, 1968;
  13. S.O. 1870, dated the 1st June, 1968;
  14. S.O. 3423, dated the 28th September, 1968;
  15. S.O. 5008, dated the 27th December, 1969;
  16. S.O. 397, dated the 7th February, 1970;
  17. S.O. 35217, dated the 25th September, 1971;
  18. S.O. 249, dated the 1st January, 1972;
  19. S.O. 990, dated the 22nd April, 1972;
  20. S.O. 1600, dated the 1st July, 1972;
  21. S.O. 2789, dated the 14th October, 1972;
  22. S.O. 929, dated the 31st March, 1973;
  23. S.O. 1648, dated the 6th July, 1974;
  24. S.O. 2742, dated the 31st July, 1976;
  25. S.O. 4664, dated the 11th December, 1976;
  26. S.O. 3062, dated the 8th October, 1977;
  27. S.O. 3573, dated the 26th November, 1977;
  28. S.O. 3574, dated the 26th November, 1977;
  29. S.O. 3671, dated the 3rd December, 1977;
  30. S.O. 2464, dated the 2nd September, 1978;
  31. S.O. 2465, dated the 2nd September, 1978;
  32. S.O. 920, dated the 17th February, 1979;
  33. S.O. 1769, dated the 5th July, 1980;
  34. S.O. 264, dated the 24th January, 1981;
  35. S.O. 2126, dated the 8th August, 1981;
  36. S.O. 2203, dated the 22nd August, 1981;
  37. S.O. 2512, dated the 3rd October, 1981;
  38. S.O. 168, dated the 23rd January, 1982;
  39. S.O. 1535, dated the 12th May, 1984;
  40. Notification No. 11012/15/84-Estt.(A), dated the 5th July, 1985;
  41. Notification No. 11012/05/85-Esn.(A), dated the 29th July, 1985;
  42. Notification No. 11012/06/85-Esn.(A), dated the 6th August, 1985;
  43. S.O. 5637, dated the 21st December, 1985;
  44. S.O. 5743, dated the 28th December, 1985;
  45. S.O. 4089, dated the 13th December, 1986;
  46. Notification No. 11012/24/85-Estt.(A), dated the 26th November, 1986;
  47. S.O. 830, dated the 28th March, 1987;
  48. S.O. 831, dated the 28th March, 1987;
  49. S.O. 1591, dated the 27th June, 1987;
  50. S.O. 1825, dated the 18th July, 1987;
  51. S.O. 3060, dated the 15th October, 1988;
  52. S.O. 3061, dated the 16th October, 1988;
  53. S.O. 2207, dated the 16th September, 1989;
  54. S.O. 1084, dated the 28th April, 1990;
  55. S.O. 2208, dated the 25th August, 1990;
  56. S.O. 1481, dated the 13th June, 1992;
  57. G.S.R. 289, dated the 20th June, 1992;
  58. G.S.R. 589, dated the 26th December, 1992;
  59. G.S.R. 499, dated the 8th October, 1994;
  60. G.S.R. 276, dated the 10th June, 1995;
  61. G.S.R. 17, dated the 20th February, 1996;
  62. G.S.R. 125, dated the 16th March, 1996;
  63. G.S.R. 417, dated the 5th October, 1996;
  64. G.S.R. 337, dated the 2nd September, 2000;
  65. G.S.R. 420, dated the 28th October, 2000;
  66. G.S.R. 211, dated the 14th April, 2001;
  67. G.S.R. 60, dated the 13th February, 2002;
  68. G.S.R. 2, dated the 3rd January, 2004;
  69. G.S.R. 113, dated the 10th April, 2004;
  70. G.S.R. 225, dated the 10th July, 2004;
  71. G.S.R. 287, dated the 28th August, 2004;
  72. G.S.R. 1, dated the 20th December, 2004;
  73. G.S.R. 49, dated the 29th March, 2008;
  74. G.S.R. 12, dated the 7th February, 2009;
  75. S.O. 946, dated the 9th April, 2009;
  76. S.O. 1762(E), dated the 16th July, 2009; and
  77. G. S.R. 55(E), dated the 2nd February, 2010.